Related Content

Key Documents

NSR Enforcement Chart (Updated April 3, 2007)

Environmental Defense's successful Supreme Court petition

4th U.S. Circuit Court of Appeals' opinion in U.S. v. Duke

New York v. EPA I "Flexible NSR Permitting Options"

New York v. EPA II "Equipment Replacement Rule"

TVA v. EPA decision from the 11th Circuit U.S. Court of Appeals.

U.S. EPA's NSR final and proposed recommendations

U.S. EPA's 33-page report to President Bush on NSR's energy and environmental impacts

DOJ's January 2002 NSR analysis

Related E&ETV Videos

About this Report

This New Source Review report examines the Bush administration's regulatory revisions to the Clean Air Act program, the on-going legal battle over EPA enforcement and links to key documents.

Last updated February 20, 2008

Featured stories

AIR POLLUTION: N.J. sues EPA over reporting rule for factories, coal plants (Greenwire, 02/20/2008)

New Jersey sued U.S. EPA yesterday claiming that new federal monitoring requirements for coal-fired utilities would allow them to avoid reporting increases in air emissions.

At issue is an EPA rule issued Dec. 17, 2007, that the agency says clarifies the Clean Air Act's New Source Review program's "reasonable possibility" recordkeeping and reporting standard.

readRead the full story

AIR POLLUTION: AEP settlement ends long battle over power plant upgrades (Greenwire, 10/09/2007)

The nation's largest coal-burning utility, American Electric Power, will pay a $15 million civil penalty and spend $4.6 billion to improve pollution controls at 16 power plants in the Midwest and mid-Atlantic as part of a settlement resolving government charges in 1999 that it violated the Clean Air Act.

readRead the full story

AIR POLLUTION: Appeals court backs TVA on Ala. plant upgrade (Greenwire, 10/05/2007)

ATLANTA -- A federal appeals court rejected environmentalists' claims yesterday that Tennessee Valley Authority emissions from a 25-year-old upgrade to a coal-fired power plant in Alabama has repeatedly violated the Clean Air Act.

readRead the full story

AIR POLLUTION: Judge rejects some U.S. claims in Cinergy NSR case (Greenwire, 10/02/2007)

A federal judge has dismissed some allegations against Cinergy Corp. in long-standing air pollution enforcement litigation, but the case still remains on track for trial next May.

readRead the full story

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Related Headlines

  08/09/2007

AIR POLLUTION: Old foes return to battle stations for latest NSR fight

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  06/19/2007

AIR POLLUTION: Ind. judge rejects Cinergy NSR defense

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  07/02/2007

AIR POLLUTION: Ky. utility agrees to settle NSR claims

iconE&ENews PM
  08/07/2007

AIR POLLUTION: Ill. power plants cited for 26 violations of Clean Air Act

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  06/08/2007

AIR POLLUTION: Appeals court sends Ala. Power case back to district judge

iconE&ENews PM
  06/05/2007

AIR POLLUTION: 18 state AGs seek tougher EPA reporting rules for coal plants

iconE&ENews PM
  04/30/2007

AIR POLLUTION: Justices turn down Bush admin, industry in NSR case

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  04/25/2007

AIR POLLUTION: Bush admin proposes two-part test for NSR compliance

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  04/25/2007

AIR POLLUTION: EPA shrugs off Supreme Court ruling, readies more NSR reforms

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  04/24/2007

AIR POLLUTION: Supreme Court's NSR ruling won't end debate, Duke Energy president says

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  04/16/2007

AIR POLLUTION: Supreme Court won't hear Cinergy NSR appeal

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  04/04/2007

AIR POLLUTION: Industry establishes blueprint for future NSR legal arguments

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  04/02/2007

AIR POLLUTION: Supreme Court rules against Duke, affirms EPA on NSR

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  04/02/2007

AIR POLLUTION: Despite Supreme Court defeat, Duke Energy vows to continue NSR battle

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  03/02/2007

AIR POLLUTION: Enviros notch 6th Circuit win in NSR case against TVA

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  03/01/2007

AIR POLLUTION: As EPA tweaks NSR rules, enviro groups blast 'regulatory rollbacks'

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  02/07/2007

AIR POLLUTION: Ohio acid manufacturer agrees to fine, new pollution controls

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  01/29/2007

AIR POLLUTION: N.Y. attorney general presses Supreme Court to ignore Bush's NSR pleading

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  01/11/2007

AIR POLLUTION: Democratic scrutiny won't halt NSR changes, EPA official says

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  01/04/2007

AIR POLLUTION: Duke urges Supreme Court to overturn Cinergy's NSR case

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  12/13/2006

AIR POLLUTION: Coalition requests delay in Supreme Court filings

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  11/30/2006

AIR POLLUTION: PSEG falters on 2002 settlement, agrees to new cleanup targets

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  11/28/2006

AIR POLLUTION: Bush admin seeks Supreme Court review on NSR rule

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  11/01/2006

AIR POLLUTION: Supreme Court plumbs depths of NSR debate

iconE&ENews PM
  11/01/2006

AIR POLLUTION: Justices hear arguments in Duke Energy's NSR case

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  10/31/2006

AIR POLLUTION: After nine years, NSR battle lands in Supreme Court

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  10/26/2006

AIR POLLUTION: 11th Circuit questions its role in Ala. Power NSR case

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  10/27/2006

AIR POLLUTION: Supreme Court gives Bush another extension on NSR deadline

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  10/24/2006

AIR POLLUTION: Experts mull Supreme Court's approach to 'unbelievably complicated case'

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  10/23/2006

AIR POLLUTION: EPA sets Nov. 6 public hearing for latest NSR reforms

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  10/20/2006

AIR POLLUTION: DOJ, enviros make final pleas to Supreme Court

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  10/17/2006

AIR POLLUTION: Bush administration appeals Alabama Power NSR decision

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  10/13/2006

AIR POLLUTION: RG&E faces NSR suit over Rochester-area plant

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  10/03/2006

AIR POLLUTION: Supreme Court denies Ala. solicitor's request to argue NSR case

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  09/29/2006

AIR POLLUTION: Roberts' recusal adds wrinkle to EPA's Supreme Court strategy

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  09/29/2006

AIR POLLUTION: NSR enforcement still limited to Bush's views on Clean Air Act

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  09/18/2006

AIR POLLUTION: Duke, 11 states press arguments before Supreme Court

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  09/08/2006

AIR POLLUTION: EPA proposes latest round of NSR reforms

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  09/07/2006

AIR POLLUTION: Supreme Court could resolve key issue in E. Kentucky case

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  08/29/2006

AIR POLLUTION: Ala. judge denies request for NSR 'clarification'

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  08/22/2006

AIR POLLUTION: EPA moves toward NSR emissions test changes

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  08/18/2006

AIR POLLUTION: 7th Circuit complicates NSR case looming at Supreme Court

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  08/15/2006

AIR POLLUTION: Judge rules Alabama Power upgrades did not violate NSR

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  07/24/2006

AIR POLLUTION: Enviros, DOJ serve Supreme Court with opening arguments in Duke case

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  07/21/2006

AIR POLLUTION: Both sides find reason to cheer in long-awaited NAS report on Bush policies

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  07/13/2006

AIR POLLUTION: EPA still working on NSR reforms, air chief says

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  07/06/2006

AIR POLLUTION: Utilities urge Bush admin to seek Supreme Court review in NSR case

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  07/05/2006

AIR POLLUTION: Federal appeals court denies Bush's NSR rehearing request

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  06/22/2006

AIR POLLUTION: Va. regulators approve new NSR standards

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  06/07/2006

AIR POLLUTION: Judge postpones AEP enforcement case to wait for Supreme Court

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  06/02/2006

AIR POLLUTION: Cinergy arguments offer preview of Supreme Court showdown

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  05/31/2006

AIR POLLUTION: Justice Dept. seeks ruling in AEP case, as utility urges delay for Supreme Court ruling

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  05/24/2006

AIR POLLUTION: Judge in AEP case considers waiting for Supreme Court to rule

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  05/22/2006

AIR POLLUTION: Despite Supreme Court, 7th Circuit plans to hear Cinergy NSR case

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  05/16/2006

AIR POLLUTION: Supreme Court's interest expected to shake up NSR debate

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  05/10/2006

AIR POLLUTION: Ontario joins emissions suit against Cinergy

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  05/02/2006

AIR POLLUTION: Bush administration appeals court's rejection of NSR rule

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  04/10/2006

AIR POLLUTION: EPA submits new NSR package to White House budget office

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  03/29/2006

AIR POLLUTION: Court's NSR ruling 'didn't leave a whole lot to imagination' -- Whitman says

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  03/17/2006

AIR POLLUTION: As Bush's critics hail NSR opinion, White House calls for new legislation

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  03/10/2006

AIR POLLUTION: DOJ, industry won't seek High Court review of 2002 NSR case

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  03/09/2006

AIR POLLUTION: DOJ, Duke attorneys urge Supreme Court to avoid NSR dispute

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  03/06/2006

AIR POLLUTION: Judge sets AEP penalty trial for January 2007

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  02/24/2006

AIR POLLUTION: New rules would let 500 coal units avoid new emission controls -- EPA data

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  02/22/2006

AIR POLLUTION: Bush draws Hill support for contentious NSR reform package

iconE&E Daily
  02/17/2006

AIR POLLUTION: Cinergy notches pretrial win in NSR defense

iconGreenwire
  02/16/2006

AIR POLLUTION: Ontario to express opposition to NSR plan as comment period closes

iconE&ENews PM
  01/18/2006

AIR POLLUTION: Court dismisses enviros' suit against TVA

iconE&ENews PM
  01/06/2006

AIR POLLUTION: Appeals court grants NSR hearing to Cinergy

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  01/03/2006

AIR POLLUTION: Court gives another extension to Alabama Power NSR settlement talks

iconE&ENews PM
  01/03/2006

AIR POLLUTION: Enviros seek Supreme Court hearing in Duke NSR case

iconGreenwire
  12/01/2005

AIR POLLUTION: 'Substantial progress' made in Alabama Power NSR talks, mediator says

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  11/29/2005

AIR POLLUTION: Passing on Supreme Court appeal, Bush admin drops Duke NSR case

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  11/28/2005

AIR POLLUTION: Utah regulators plan to adopt NSR rules, will hold meeting to discuss effects

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  11/21/2005

AIR POLLUTION: Comment period for NSR proposal extended until mid-February

iconE&ENews PM
  11/04/2005

AIR POLLUTION: DOJ asks 7th Circuit to steer clear of Cinergy NSR case

iconGreenwire
  11/01/2005

AIR POLLUTION: NSR debate continues despite shift in EPA enforcement policy

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  10/20/2005

AIR POLLUTION: Court sets Feb. 8 hearing date for NSR routine maintenance suit

iconE&ENews PM
  10/19/2005

AIR POLLUTION: Cinergy presents NSR appeal to the 7th Circuit

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  10/17/2005

AIR POLLUTION: Courts still in play despite NSR policy shift

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  10/13/2005

AIR POLLUTION: EPA proposes new NSR rule

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  10/11/2005

AIR POLLUTION: Exxon Mobil accepts $570 million NSR settlement

iconE&ENews PM
  10/10/2005

AIR POLLUTION: House GOP leaders see standalone NSR bill as next move

iconE&E Daily
  10/07/2005

ENERGY POLICY: Removal of NSR assures refinery bill's passage, Barton says

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  10/07/2005

ENERGY POLICY: Barton pulls NSR out of energy bill

iconE&E Daily
  10/06/2005

AIR POLLUTION: EPA readies NSR rule as House prepares to vote on refinery bill

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  10/05/2005

AIR POLLUTION: Court gives Cinergy go-ahead for NSR appeal

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  10/04/2005

AIR POLLUTION: 'Clear Skies' language tucked into House energy bill

iconE&E Daily
  09/27/2005

AIR POLLUTION: Opposition to Barton NSR plan grows; Jeffords threatens filibuster

iconE&ENews PM
  09/27/2005

AIR POLLUTION: Barton proposal pitches major NSR overhaul

iconE&E Daily
  09/14/2005

AIR POLLUTION: Cinergy seeks to move NSR case up to 7th Circuit

iconE&ENews PM
  09/09/2005

AIR POLLUTION: New York AG, enviros lay out legal case challenging Bush's major NSR reforms

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  09/08/2005

AIR POLLUTION: Enviros proceed with NSR lawsuits against TVA

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  09/06/2005

AIR POLLUTION: Cargill agrees to add $130 million in emission controls

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  09/06/2005

AIR POLLUTION: New twists added to NSR litigation with Duke, Cinergy decisions

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  08/10/2005

AIR POLLUTION: Utility coalition seeks D.C. Circuit appeal in NSR case

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  07/27/2005

AIR POLLUTION: As DOJ nears deadline on Duke appeal, enviros plan challenge

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  07/25/2005

AIR POLLUTION: Court rejects enviros' NSR claims against TVA plant

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  07/06/2005

AIR POLLUTION: EPA reaffirms plan to drop NSR program for old ozone nonattainment areas

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  07/06/2005

AIR POLLUTION: Industry watches as AEP trial begins today in Ohio

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  06/30/2005

AIR POLLUTION: DOJ urges court in American Electric case to ignore Duke decision

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  06/28/2005

AIR POLLUTION: Five states file NSR suit against Allegheny Energy

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  06/24/2005

AIR POLLUTION: Court upholds some Bush NSR reforms, rebuffs larger industry challenge

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  06/17/2005

AIR POLLUTION: Three refiners agree to NSR settlements worth almost $1B

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  06/17/2005

AIR POLLUTION: Judge in AEP suit orders parties to discuss Duke NSR decision

iconE&ENews PM
  06/15/2005

AIR POLLUTION: With Duke win, industry questions need for NSR cases

iconE&ENews PM
  06/10/2005

AIR POLLUTION: Utilities seek boost from Alabama Power's NSR court win

iconE&ENews PM
  06/09/2005

AIR POLLUTION: Congress, courts hold fate of NSR strategy, EPA chief says

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  06/06/2005

AIR POLLUTION: Ala. Power notches key win in NSR case

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  06/02/2005

AIR POLLUTION: EPA to leave NSR reforms alone, sources say

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  05/31/2005

AIR POLLUTION: EPA weighs final ruling on NSR reconsideration petitions

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  05/12/2005

AIR POLLUTION: Judge postpones AEP trial until early July

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  05/06/2005

AIR POLLUTION: Colo. lawmakers, Owens reach deal on NSR changes

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  05/04/2005

AIR POLLUTION: Appeals court seeks more information before issuing Duke opinion

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  04/28/2005

AIR POLLUTION: Colo. lawmakers may block NSR changes

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  04/21/2005

AIR POLLUTION: EPA expects to answer NSR reconsideration petitions next month

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  04/20/2005

AIR POLLUTION: Settlement talks under way in American Electric Power case

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  03/21/2005

CLEAN AIR: No new electric utility lawsuits in the offing, DOJ official says

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  03/18/2005

CLEAN AIR: Ohio Edison reaches $1.1 billion NSR settlement

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  03/08/2005

CLEAN AIR: New utility regs will spur more pollution settlements, administration says

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  03/07/2005

CLEAN AIR: Illinois Power and Bush admin reach $500 million NSR settlement

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  03/03/2005

CLEAN AIR: Va. board proposes new NSR standards for industrial plants

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  02/03/2005

CLEAN AIR: Duke NSR case goes before appeals court today

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  02/03/2005

CLEAN AIR: Enviros ask Colo. lawmakers to stop state NSR changes

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  01/27/2005

NEW YORK: Kennedy declines to run for AG

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  01/25/2005

CLEAN AIR: Court hears oral arguments in New York AG's lawsuit

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  01/21/2005

CLEAN AIR: EPA agrees to reassess ozone cleanup rules for rural areas

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  01/20/2005

EPA: Whitman book questions NSR reforms' impact on Clear Skies momentum, EPA enforcement

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  01/19/2005

CLEAN AIR: Strapped Justice Department can't take new NSR cases, DOJ official says

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  01/18/2005

CLEAN AIR: Duke case may decide issues for NSR lawsuits

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  01/14/2005

CLEAN AIR: White House air plans weaker than NSR for individual power plants, NAS panel says

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  01/14/2005

CLEAN AIR: EPA settles NSR case with Kansas ethanol plant

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  01/12/2005

CLEAN AIR: New York settles NSR claims with six coal-burning utilities

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  01/10/2005

CLEAN AIR: Allegheny Energy units use court filing to pre-empt NSR lawsuit

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  01/06/2005

CLEAN AIR: Settlement talks delay Ohio Edison's NSR penalty trial

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  12/23/2004

CLEAN AIR: EPA to hold NSR reconsideration petition until next year

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  12/21/2004

CLEAN AIR: Duke NSR arguments set for Feb. 3 before 4th Circuit

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  12/20/2004

CLEAN AIR: TVA issues response to N.C.'s threat of NSR suit

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  12/15/2004

CLEAN AIR: Ohio Edison NSR trial likely postponed due to settlement talks

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  11/16/2004

CLEAN AIR: North Carolina threatens NSR suit against TVA

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  11/08/2004

CLEAN AIR: Ohio enviros consider suit over state's NSR plan

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  10/15/2004

CLEAN AIR: Judge weighs Ill. Power request to delay NSR decision's release

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  10/21/2004

CLEAN AIR: GOP-appointed judge added to panel reviewing Bush NSR reforms

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